Crime Blog

More fuss in the FBI’s Dallas City Hall corruption case

Federal beat reporter Jason Trahan has his eye on the FBI-Dallas City Hall investigation:

There’s a controversy brewing in the City Hall public corruption case that could push the January trial date even further into 2009. Vic Sasso, the attorney for co-defendant Jibreel Rashad, has asked U.S. District Judge Barbara Lynn to boot one of the other defense attorneys off the case.

Sasso wants Jackson off the case because, among other things, he says it will confuse jurors if he has to call one of the other defense attorneys as a witness for his client.

Why would Jackson be a witness for Rashad?

Jackson, who is Rashad’s brother (same dad, but raised in different households), helped represent him in prior cases including a federal mortgage fraud trial last year in which he was convicted. Sasso said Jackson also gave Rashad legal advice about the current corruption case, and all but accuses Jackson of helping Rashad start RA-MILL, Rashad’s construction company that drew the FBI’s attention. The feds say that Rashad and his business partner in RA-MILL were secret partners of D’Angelo Lee, a former Dallas plan commissioner who is accused of being Hill’s right-hand man in the cash-for-council votes bribery scheme with developers.

“In the event that Rashad were to testify in any proceeding, he would be subject to cross examination by his former attorney, Jackson, on some of the same matters at the heart of their attorney client relationship,” Sasso writes. “Such a situation is untenable.”

In his response motion, Jackson says there’s nothing improper about his relationship with his brother Rashad that should keep him from representing Hill. He said there are plenty of other folks Sasso could call as witnesses who have more knowledge of Rashad’s business dealings. Jackson says he did nothing more than recommend the right forms for Rashad to fill out so that he could launch RA-MILL, which Rashad then filed himself. And he says he never represented his brother in the City Hall case — another attorney from the Jackson firm appeared with Rashad once in October while Jackson was out of town.

Jackson says that his “allegiance to Mr. Hill is not compromised by any competing obligation owed to Mr. Rashad.” In a somewhat vexing passage, though, Jackson adds that his “previous representations of Mr. Rashad all centered around his real estate investing, which is completely different than what has been alleged in the indictment in this case even though it’s Mr. Rashad’s same company.” (Emphasis added.)

Forcing Hill to find a new attorney would mean a big delay while the newbie got up to speed on the massive case. And local attorneys I’ve spoken to say it’s rare for one lawyer in a case to try to get another ousted, much less have it succeed.

Judge Lynn has not said when she will rule on the matter, but has asked Sasso to file his response motion by Friday.

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Criminal justice reporters, editors and invited guests provide news and analysis impacting Dallas-area police, courts, fire and other public safety issues and entities. Readers are encouraged to join the conversation.